Miller v. Lieutenant Governor Craig Campbell et al

Filing 79

NOTICE re Consent to Modification to Allow Certification by Joe Miller (Attachments: # 1 Proposed Order)(Van Flein, Thomas)

Miller v. Lieutenant Governor Craig Campbell et al

Doc. 79

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Thomas V. Van Flein Clapp, Peterson, Van Flein, Tiemessen & Thorsness LLC 711 H S1., Suite 620 Anchorage, Alaska 99501-3454 Phone: [phone] Facsimile: [phone] E-mail: [e-mail] Michael T. Morley 616 E S1.N.W. #254 Washington, D. C. 20004 Phone: [phone] Facsimile: [phone] E-mail: [e-mail] Not admitted in the U.S. District Court for the District of Alaska Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF ALASKA JOE MILLER, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No:
3: 1O-CV -00252 (RRB)

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v.

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LIEUTENANT GOVERNOR MEAD TREADWELL, in his official capacity; and DIVISION OF ELECTIONS, STATE OF ALASKA, Defendants.

------------)
PLAINTIFF MILLER'S CONSENT TO MODIFICATION OF PRELIMINARY INJUNCTION TO ALLOW CERTIFICATION TO PROCEED
Plaintiff Miller's Consent to Modification of Preliminary Injunction to Allow Certification to Proceed Millerv. Treadwell, No. 3:1O-CV-00252 (RRB) Page 1

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Dockets.Justia.com

Plaintiff Joe Miller hereby consents to modification
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of the Preliminary

Injunction so that With the the

that this Court entered

in the above-captioned

case on November

19, 2010,

Defendants may certify the results of the 2010 general election for U.S. Senate. election results certified, and Alaska's full congressional delegation

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representing

interests of Alaska's citizens in Congress, it will not be necessary to dispose of this case in an extremely expedited manner, limited discovery should be allowed to commence and

proceed as necessary, and this Court can fully consider the substantial constitutional
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claims

Plaintiff Miller has raised. In light of the impending respectfully certification of the election results, Plaintiff Miller

requests that this Court modify the Preliminary Injunction to toll his deadline remedies, including but not limited to a recount pursuant

for seeking any post-certification

to AS § 15.20.430, or an election contest pursuant to AS § 15.20.540, until after final judgment has been entered in this case and all appeals have been exhausted. Plaintiff

Miller is willing to stipulate to reasonably expedited schedules for filing notices of appeal,
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petitions for certiorari, or appellate briefs.

Plaintiff Miller's

ability to successfully

assert

an election appeal, or to obtain any meaningful relief in a recount, hinge in large part on the outcome of this lawsuit, but state law generally requires that such claims be brought within a few days after the official certification close of the state ballot count review, which is when

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occurs, AS § 15.15.450.

See AS §§ 15.20.430(a)
Thus, it is necessary

(deadline

for recount),

15.20.550 (deadline for election contest).

to toll the deadlines for

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Plaintiff Miller's Consent to Modification of Preliminary Injunction to Allow Certification to Proceed Millerv. Treadwell, No. 3:1O-CV-00252 (RRB) Page 2

pursuing these remedies
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until after this case has been definitively

resolved.

For these

reasons, Plaintiff Miller respectfully asks that this Court modify its injunction to do so.

DATED at Anchorage, Alaska, this 27th day of December 2010.
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Respectfully submitted,

CLAPP, PETERSON, VAN FLEIN, TIEMESSEN & THORSNESS, LLC
Attorneys for Plaintiff Joe Miller

By lsi Thomas V. Van Flein Thomas V. Van Flein, #9011119 John Tiemessen Michael T. Morley (not admitted in the U.S. District Court for the District of Alaska)

Attorneys for Plaintiff
Certificate of Service: The undersigned hereby certifies that a true and exact copy of the foregoing was served this 27th day of December 2010 via: () () () () (X) First Class Mail Hand-Delivery Facsimile E-Mail ECF

to the following listed individual(s): Michael Barnhill Sarah Felix Margaret Paton-Walsh Timothy McKeever Scott Kendall By: lsi Thomas V. Van Flein_ Plaintiff Miller's Consent to Modification of Preliminary Injunction to Allow Certification to Proceed Millerv. Treadwell, No. 3:1O-CV-00252 (RRB) Page 3

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